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What We Handle

Workplace Injuries

When the job site fails you.

What workplace injuries actually means

Workplace injury cases involve harm suffered on the job — on construction sites, in factories, warehouses, offices, or any work environment. Workers' compensation provides no-fault benefits, but a separate personal injury claim may exist against third parties whose negligence contributed to the injury.

The third-party claim is critical because workers' comp alone does not cover pain and suffering, full lost earning capacity, or complete medical costs. If someone other than your employer caused or contributed to the injury, you may be entitled to full damages.

What it takes to have a case

1. Duty

Third parties — general contractors, equipment manufacturers, property owners, subcontractors — owe workers a duty to maintain safe conditions, provide safe equipment, and follow OSHA standards.

2. Breach

Providing defective equipment, failing to maintain safe premises, ignoring OSHA regulations, or inadequate site safety oversight all constitute breaches.

3. Causation

The third party's negligence must have directly caused the workplace injury. OSHA violations may serve as evidence of negligence.

4. Damages

Full damages including medical expenses, complete lost wages and earning capacity, pain and suffering, and permanent disability — beyond what workers' comp covers.

What we handle within workplace injuries

Every situation is different. Here are the most common types we see.

Construction Accidents

Falls, scaffolding collapses, crane accidents, electrocution, and struck-by incidents.

Defective Equipment

Injuries caused by malfunctioning machinery, tools, or safety equipment.

Industrial Accidents

Chemical exposure, explosions, machinery entanglement in manufacturing settings.

Falls from Height

Ladder, roof, scaffolding, and elevated platform falls — among the most common causes of severe workplace injury.

Repetitive Stress Injuries

Cumulative trauma from repetitive motions or sustained postures over time.

Missouri vs. Kansas: the rules that matter

Kansas City straddles the state line. Which state's law applies depends on where the incident occurred.

Missouri

  • Workers' comp: no-fault — RSMo § 287.120
  • Third-party personal injury: 5 years — RSMo § 516.120
  • Third-party claims allow full damages including pain/suffering — RSMo § 287.150
  • Employer subrogation lien on third-party recovery — RSMo § 287.150

Kansas

  • Workers' comp under KSA § 44-504
  • Third-party action must be filed within 1 year of injury
  • Personal injury SOL: 2 years — KSA § 60-513
  • Failure to file third-party claim within 1 year may assign claim to employer

Not sure which state's rules apply? Tell us where it happened →

What an investigation looks like

1

Initial conversation — Free. We assess both the workers' comp claim and any third-party liability.

2

Evidence collection — Incident reports, OSHA citations, equipment maintenance logs, safety training records, witness statements.

3

OSHA review — Violations of OSHA standards constitute evidence of negligence in personal injury suits.

4

Expert analysis — Workplace safety experts, engineers, and medical specialists evaluate causation and damages.

5

Demand or filing — Third-party demand or petition against all non-employer defendants.

6

Resolution — Settlement, mediation, or trial. Workers' comp lien must be addressed in any third-party recovery.

What it costs

Yonke Law works on a contingency basis. There is no fee unless we recover compensation for you. The percentage is agreed in writing before any work begins. Your initial consultation is always free. No hourly rates. No retainers. No surprise bills.

What a workplace injuries case is actually worth

There's no honest one-line answer. Value depends on the facts of your situation.

Economic Damages

  • Medical expenses beyond workers' comp coverage
  • Full lost wages and earning capacity
  • Vocational rehabilitation
  • Adaptive equipment and home modifications

Non-Economic Damages

  • Pain and suffering (not available through workers' comp)
  • Permanent disability
  • Loss of enjoyment of life
  • Emotional distress

A consultation gives you a real assessment based on your situation — not a stock answer.

Michael T. Yonke

Who You'll Work With

Michael T. Yonke

AV Preeminent rated. Extensive experience with third-party workplace injury claims and workers' compensation overlays.

Mike founded Yonke Law in 2001 after years of seeing how large firms treated the people they were supposed to protect. Every case at Yonke Law is handled directly by Mike and his team — not passed to associates or outsourced to contract attorneys.

When it comes to workplace injuries, Mike brings decades of focused trial experience, a network of trusted medical and technical experts, and a straightforward approach: understand the facts, build the case, and prepare for trial even if the goal is settlement.

More about Mike and the team →

Common questions

Can I sue my employer?

Generally no — workers' comp is the exclusive remedy against employers. But you can sue third parties (equipment manufacturers, general contractors, property owners) whose negligence contributed to the injury.

What's the difference between workers' comp and a personal injury claim?

Workers' comp is no-fault and covers medical bills and partial wage replacement. A personal injury claim against a third party allows full damages including pain and suffering and complete lost earnings.

What if OSHA cited the worksite?

OSHA violations are strong evidence of negligence. They can help establish that a third party failed to maintain safe conditions.

How long do I have to file a third-party claim in Kansas?

Workers must file within 1 year of injury under KSA § 44-504. Failure to do so may assign the claim to the employer.

Printable

Personal Injury Checklist

Essential steps to protect your health, your rights, and your claim. Covers what to gather, who to contact, and the deadlines that matter for your workplace injuries case.

Download the checklist (PDF) ↓

Or — Walk Through It Digitally

Start Your Case Review

Answer a few questions about your situation. Your responses are saved and become the start of your case file if you proceed.

Start the digital intake →

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